Senate Bill 2716

AN ACT RELATING TO AUTHORIZING CREATION OF INNOVATION
SCHOOLS AND INNOVATION ZONES FOCUSED ON SCIENCE, TECHNOLOGY, ENGINEERING AND
MATHEMATICS IN SCHOOL DISTRICTS; TO AUTHORIZE THE STATE BOARD OF EDUCATION TO
DEVELOP AN APPLICATION PROCESS AND STANDARDS TO BE ADMINISTERED BY THE LOCAL
SCHOOL BOARDS; TO AMEND SECTION 37-17-11; MISSISSIPPI CODE OF 1972, TO CONFORM;
AND FOR RELATED PURPOSES.

BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION
1.(1) The Legislature finds that:

(a) Local school boards are encouraged to
support the expansion of innovative K-12 school or K-12 program models, with a
priority on models focused on the arts, science, technology, engineering and
mathematics (A-STEM) that partner with business, industry, and higher education
to increase A-STEM pathways that use project-based or hands-on learning for
elementary, middle and high school students; and

(b) Particularly in schools and communities
that are struggling to improve student academic outcomes and close the
educational opportunity gap, there is a critical need for innovative models of
public education, with a priority on models that are tailored to A-STEM-related
programs that implement interdisciplinary instructional delivery methods that
are engaging, rigorous and culturally relevant at each grade level.

(2) Therefore, the Legislature intends to create
a framework for change that includes:

(a) Leveraging community assets;

(b) Improving staff capacity and
effectiveness;

(c) Developing family, school, business,
industry, A-STEM professionals and higher education partnerships in A-STEM
education at all grade levels that can lead to industry certification or dual
high school and college credit;

(d) Implementing evidence-based practices
proven to be effective in reducing demographic disparities in student
achievement; and

(e) Enabling educators and parents of
selected schools and school districts to restructure school operations and
develop model A-STEM programs that will improve student performance and close
the educational opportunity gap.

SECTION
2.(1) The State Board of Education
shall develop a process for school districts to apply to have one or more
schools within the district designated as an innovation school, with a priority
on schools focused on the arts, science, technology, engineering and
mathematics (A-STEM) that actively partners with the community, business,
industry and higher education, and uses project-based or hands-on learning. A
group of schools that share common interests, such as geographical location, or
that sequentially serve classes of students as they progress through elementary
and secondary grades may be designated as an innovation zone. An innovation
zone may include all schools within a school district. Consortia of multiple
districts may also apply for designation as an innovation zone, to include all
schools within the participating districts.

(2) Applications requesting designation of
innovation schools or innovation zones must be developed by the school district
in collaboration with educators, parents, businesses, industries and the
communities of participating schools. School districts must ensure that each
school has substantial opportunity to participate in the development of the
innovation plan under Section 4 of this act.

(3) The State Board of Education shall develop
common criteria for reviewing applications and for evaluating the need for
waivers of state statutes and administrative rules as provided under Section 5
of this act.

SECTION
3.(1) Applications to designate
innovation schools and innovation zones must be submitted to local school
boards by January 6, 2013, and annually thereafter, to be implemented beginning
with the subsequent school year. Innovation plans must be able to be implemented
without supplemental state funds.

(2) Each local school board shall review
applications from within the district using the common criteria developed by
the State Board of Education. Each local school board shall recommend approval
by the State Board of Education of no more than three (3) applications from
within each school district, no fewer than two (2) of which must be focused on
A-STEM-related innovations and no more than one (1) of which may focus on other
innovations. At least one (1) of the recommended applications in each school
district must propose an innovation zone, as long as the application meets the
review criteria.

(3) The State Board of Education shall review
and approve the innovation plans of the applicants recommended by the local
school boards. School districts that have applied shall be notified by March
1, 2013, and annually thereafter, whether they were selected.

(4) Designation of innovation schools and
innovation zones under this section shall be for a six-year period, beginning
in the 2013-2014 school year, unless the designation is revoked in accordance
with Section 7 of this act.

SECTION 4. (1) Each application for designation of an
innovation school or innovation zone must include a proposed plan that:

(a) Defines the scope of the innovation
school or innovation zone and describes why designation would enhance the
ability of the school or schools to improve student achievement and close the
educational opportunity gap including by implementing a program focused on the
arts, science, technology, engineering, and mathematics themes that partner
with the community, business, industry, and higher education and use project-based
or hands-on learning;

(b) Enumerates specific, research-based
activities and innovations to be carried out under the designation;

(c) Justifies each request for waiver of
state statutes or administrative rules as provided under Section 5 of this act;

(d) Justifies any requests for waiver of
state statutes or administrative rules that are in addition to the waivers
authorized under Section 5 of this act that are necessary to carry out the
proposed innovations;

(e) Identifies the improvements in student
achievement and the educational opportunity gap that are expected to be accomplished
through the innovations;

(f) Includes budget plans and anticipated
sources of funding, including private grants and contributions, if any;

(g) Identifies the technical resources
desired, the potential costs of those resources, and the institutions of higher
education, educational service districts, businesses, industries, or
consultants available to provide such services;

(h) Identifies the multiple measures for
evaluation and accountability to be used to measure improvement in student
achievement, closure in the educational opportunity gap, and the overall
performance of the innovation school or innovation zone, including, but not
limited to, assessment scores, graduation rates, and dropout rates;

(i) Includes a written statement that school
directors and administrators are willing to exempt the designated school or
schools from specifically identified local rules, as needed;

(j) Includes a written statement that
school directors and local bargaining agents will modify those portions of their
local agreements as applicable for the designated school or schools;

(k) Includes written statements of support
from the district's board of directors, the superintendent, the principal and
staff of schools seeking designation, each local employee association affected
by the proposal, the local parent organization, and statements of support,
willingness to participate, or concerns from any interested parent, business,
institution of higher education, or community organization; and

(l) Commits all parties to work
cooperatively during the term of the pilot project.

(2) A plan to designate an innovation school or
innovation zone must be approved by a majority of the staff assigned to the
school or schools participating in the plan.

SECTION 5. (1) (a) The State Board of Education may grant
waivers of state statutes and administrative rules for designated innovation
schools and innovation zones as follows:

(i) Waivers may be granted under
Section 37-17-11, Mississippi Code of 1972;

(ii) Waivers may be granted to permit
the commingling of funds appropriated by the Legislature on a categorical basis
for such programs as, but not limited to, highly capable students, transitional
bilingual instruction, and learning assistance; and

(iii) Waivers may be granted of other
administrative rules that in the opinion of the State Superintendent of
Education or the State Board of Education are necessary to be waived to
implement an innovation school or innovation zone.

(b) State administrative rules dealing with
public health, safety, and civil rights, including accessibility for
individuals with disabilities, may not be waived.

(2) At the request of a local school board, the
State Superintendent of Education may petition the United States Department of
Education or other federal agencies to waive federal regulations necessary to
implement an innovation school or innovation zone.

(3) The State Board of Education may grant
waivers for innovation schools or innovation zones of administrative rules
pertaining to calculation of course credits for high school courses.

(4) Waivers may be granted under this section
for a period not to exceed the duration of the designation of the innovation
school or innovation zone.

(5) The State Superintendent of Education and
the State Board of Education shall provide an expedited review of requests for
waivers for designated innovation schools and innovation zones. Requests may
be denied if the State Superintendent of Education or the State Board of
Education conclude that the waiver:

(a) Is likely to result in a decrease in
academic achievement in the innovation school or innovation zone;

(b) Would jeopardize the receipt of state
or federal funds that a school district would otherwise be eligible to receive,
unless the school district submits a written authorization for the waiver
acknowledging that receipt of these funds could be jeopardized; or

(c) Would violate state or federal laws or
rules that are not authorized to be waived.

SECTION 6. (1) The State Department of Education shall report
to the Education Committees of the Legislature on the progress of the
designated innovation schools and innovation zones by January 15, 2014, and
January 15th of each odd-numbered year thereafter. The report must include
recommendations for waiver of state laws and administrative rules in addition
to the waivers authorized under Section 5 of this act, as identified in
innovation plans submitted by school districts.

(2) Each innovation school and innovation zone must
submit an annual report to the State Department of Education on their progress.

(3) The State Department of Education, through
the center for the improvement of student learning, must collect and
disseminate to all school districts and other interested parties information
about the innovation schools and innovation zones.

SECTION 7. After reviewing the annual reports of each
innovation school and zone, if the State Board of Education determines that the
school or zone is not increasing progress over time as determined by the
multiple measures for evaluation and accountability provided in the school or
zone plan in accordance with Section 4 of this act then the State Board of
Education shall revoke the designation.

37-17-11. (1) The
State Board of Education, in its discretion, may exempt any school district
meeting the highest levels of state accreditation standards, as defined by the
State Board of Education, from any compulsory standard of accreditation.
However, if the standard of accreditation is an educational policy required by
statute, any such exemption shall only be made if specifically authorized by
law.

(2) The State Board of Education may grant waivers to
districts from the provisions of statutes or rules relating to: The length of
the school year; student-to-teacher ratios; and other administrative rules that
in the opinion of the State Board of Education may need to be waived in order
for a district to implement a plan for restructuring its educational program or
the educational program of individual schools within the district or to
implement an innovation school or innovation zone designated under Section 3 of
this act.

SECTION 9. This act
shall take effect and be in force from and after July 1, 2013.